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HomeMy WebLinkAbout06-18-2001 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JUNE 18, 2001 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Valles at 8:10 a.m., Monday, June 18, 2001, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. RECESS MEETING - CLOSED SESSION At 8:10 a.m., the Mayor and Common Council Commission recessed to closed session for the following: (1) and Community Development Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Christopher Palazuelos v. San Bernardino Stampede. et al. - San Bernardino Superior Court Case No. SCVSS 67428: People of the State of California v. Dennis Fridav - San Bernardino Superior Court Case No. MSB 52222. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957. 1 06/18/200 1 E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. CLOSED SESSION At 8:10 a.m., Mayor Valles called the closed session to order in the conference room of the Council Chambers of City Hall. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. Also present: Senior Assistant City Attorneys Carlyle and Simmons, Deputy City Attorneys Bryant and Easland, and Administrative Operations Supervisor Anderson, City Attorney's Office. WATER DEPARTMENT GENERAL MANAGER KERSEY, ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR V AN OSDEL, & SPECIAL COUNSEL SABO ARRIVED At 8:20 a.m., Water Department General Manager Kersey, Economic Development Agency Executive Director Van Osdel, & Special Counsel Sabo arrived at the closed sess Ion. READING OF RESOLUTIONS & ORDINANCES Deputy City Clerk Sutherland read the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission while the Mayor and Common Council and Community Development Commission were in closed session. ADJOURN CLOSED SESSION At 9:07 a.m., the closed session adjourned to the Council Chambers of City Hall. RECONVENE MEETING At 9: II a. m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission. 2 06/18/200 I ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. INVOCATION The invocation was given by Father Peter Balili, Chaplain at San Bernardino Community Hospital. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Daniel Gomez, a fifth grade student at Bradley Elementary School. Mayor Valles announced that the Council meeting would recess at 10:30 a.m. so that she and members of the Council could attend the funeral of former Councilman Ed Wheeler, who recently passed away. The Mayor also announced that due to the funeral, the noon workshop would be held immediately following the Council meeting in the Economic Development Agency Boardroom. The Mayor extended her condolences to Mrs. Wheeler and the Wheeler family, and asked that a moment of silence be observed in his memory. APPOINTMENT - KENNETH CORONA - FINE ARTS COMMISSION - MAYOR V ALLES (2) Mayor Valles submitted a staff report dated June 12, 2001, recommending her appointment of Kenneth Corona as an alternate member of the Fine Arts Commission. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the appointment of Kenneth Corona as an alternate member of the Fine Arts Commission, as requested by Mayor Valles, be approved. PRESENTATION - NEIGHBORHOOD PRIDE AWARD - MR. & MRS. LOUIS FRIGONE (3) The Mayor's quarterly Pride Award was presented to Louis Frigone for the high standards of maintenance and upkeep of his home in the 3300 block of Genevieve Street in the Seventh Ward. PRESENTATION - AMBASSADOR OF GOODWILL CERTIFICATES - T ACHIKIDS (3) Ambassador of Goodwill Certificates were presented to the students who were selected as this year's "Tachikids" to represent the CilY in the annual student exchange trip to Tachikawa, Japan. The Tachikids are: Jessica Kindschy of San Gorgonio High School, Luke Lopez from Pacific High School, Dexter Thomas from Cajon High School, and Alyda Fletcher from San Bernardino High School. 3 06/18/2001 PRESENTATION - 50111 ANNIVERSARY - BLOOD BANK OF SAN BERNARDINO & RIVERSIDE COUNTIES (3) A certificate of recognition was presented to the Blood Bank of San Bernardino and Riverside Counties on the occasion of their 50th Anniversary. Tammy Rotellini, Director of Public Relations, accepted the award. PRESENTATION - CERTIFICATE OF RECOGNITION - MR. EUGENE ALLENDER WI A certificate of recognition was presented to Mr. Eugene Allender who recently resigned from the Civil Service Board after having served as a Board member for seven years. PRESENT A nON - SAN BERNARDINO CONVENTION & VISITORS BUREAU - VISITOR & NEWCOMER GUIDE (3) Steve Henthorn, Executive Director of the San Bernardino Convention and Visitors Bureau, announced that they have been working on two major marketing projects: the City Visitor Guide and the Business Card CD-ROM. Jolene Anderson, JSA Publishing Consultants, stated that the guide was an update to residents as well as a tool used by CVB to promote tourism, and could not have been made possible without the support of many City and County entities. PRESENTATION - CERTIFICATES OF RECOGNITION - YOUTH SUMMIT REPRESENTATIVES (3) Linda Ceballos, Environmental Project Coordinator, Public Services Department, presented certificates of recognition to those students who participated in the Youth Summit and in the planning and selection of the following four neighborhood enhancement projects: I) a vacant lot rehabilitation on 16th Street near Roosevelt Elementary School; 2) an exterior home and yard clean up near Lincoln Elementary School; 3) a vacant lot rehabilitation near Bonnie Oehl Elementary School; and 4) the pottery yard vacant lot rehabilitation near Urbita Elementary School. Ms. Ceballos stated that this past year, 5,171 students participated in 72 neighborhood cleanups and collected 2,157 bags of trash. Ms. Ceballos gave special thanks to several City Departments and business and community members for their support and donations. SERVICE PIN AWARDS (3) Teri Rubi, Executive Assistant to the Mayor, read the names of the following 4 06/18/2001 individuals who were presented a service pin award by Mayor Valles in recognition of their many years of dedicated service to the City: Name Mario Ramirez Eric Esquivel Michael Reynolds Janice Bean Timothy Matlock Eric McBride Vincent Padilla Jerry Valdivia Anthony Becerra Jimmie Brooks Deoartment Facilities Management Fire Parks, Recreation & Community Services Police Police Police Police Police Public Services Public Services ANNOUNCEMENTS - CHAMBER OF COMMERCE Years of Service 15 15 20 10 10 10 5 20 35 5 (4) Susan Kitchen, representing the San Bernardino Area Chamber of Commerce, announced several upcoming events, including the Renaissance Faire, which was ongoing until June 24; a ribbon cutting on June 18 at the new Norton Community Center at 295 S. Tippecanoe; the Chamber's Business After Hours hosted by Quiel Bros. Signs on June 28 from 5-7 p.m.; the Fourth of July Parade and activities; and an open house hosted by Minolta Business Solutions at 1831 Commercenter West on June 21 from 5:30-7:30 p.m. PUBLIC HEARING - V ACA TION OF PORTION OF 3RD STREET - WEST OF KENDALL AVENUE, EAST OF "K" STREET (35) James Funk, Director of Development Services, submitted a staff report dated May 30, 2001, regarding a public hearing and resolution ordering vacation of a portion of 3'd Street, west of Kendall Avenue, east of "K" Street. Mayor Valles opened the hearing. No public comments were received. RES. 2001-152 - RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF A PORTION OF 3RD STREET, WEST OF KENDALL A VENUE, EAST OF "K" STREET AND RESERVING CERTAIN EASEMENTS THEREIN. (35) Council Member Lien made a motion, seconded by Council Member Anderson, that the hearing be closed; that the Findings of Fact, as set forth in the Staff Report from the Director of Development Services, as to why a portion of 3'd Street, west of Kendall 5 06/18/2001 Avenue, east of "K" Street, is no longer necessary for public street purposes, be adopted; and that said resolution be adopted. The motion carried and Resolution No. 2001-152 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. ANNOUNCEMENTS - COUNCIL MEMBER ESTRADA (4) Council Member Estrada stated that she attended a meeting of the Valley View Cluster Association and congratulated Mr. McGregor for working with the residents to resolve some of their concerns; announced that the Valley View Cluster Association held a Beautification Day on May 26 and collected nine dumpsters or 17 tons of refuse; announced that an information meeting on the 1-215 Improvement Project would take place on June 24, 2001, at the Villasenor Branch Library from 5-7 p.m.; announced a ribbon cutting ceremony would be held tonight at the Norton Community Credit Union at 295 S. Tippecanoe Avenue at 5 p.m.; announced that National Night Out would be held sometime in August; and announced that a basketball clinic would be held on July 21. ANNOUNCEMENTS - COUNCIL MEMBER LIEN (4) Council Member Lien announced that a "Pride in Doing Everything Yourself Day" would be held on June 30 in order to clean up all the major north/south thoroughfares between Baseline and Highland Avenues including Arrowhead, Mountain View, Sierra Way, "D", "E", "F", and "G" Streets. Ms. Lien Slated that leaflets would be circulated over the next two weeks to encourage residents who live along those streets to mow their lawns, clean their porches, plant new grass, etc., and everyone who did so would be invited to lunch and prizes would be given. ANNOUNCEMENTS - COUNCIL MEMBER McGINNIS (4) Council Member McGinnis announced that a meeting of the Bunker Hill Homeowner's Association would be held on June 20 at the Lytle Creek Center at 6 p.m. ANNOUNCEMENTS - COUNCIL MEMBER SCHNETZ (4) Council Member Schnetz announced that the '"Dr. NAG" Del Rosa Neighborhood Action Group would have a Beautification Day at Del Vallejo Middle School on June 30 from 8:00 a.m. to 12:30 p.m. ANNOUNCEMENTS - COUNCIL MEMBER SUAREZ (4) Council Member Suarez advised that it was now fire season and urged residents, especially those in the north end, to clear dry brush from around their homes; stated that persons interested in participating in the Fourth of July celebration at Blair Park could call 6 06/18/200 1 883-6911; and announced that the Verdemont Association had a Cleanup Day and collected 16 tons oftrash. ANNOUNCEMENTS - COUNCIL MEMBER McCAMMACK (4) Council Member McCammack congratulated the staff at the California Theater for hosting "Looking Good 2001 "; encouraged residents to get out to the Stampede Stadium and announced that 888-9922 was the phone number to call to get information on special promotional events; and announced that citizens could call the Mayor's Office or the Chamber of Commerce at 885-7515 for more information regarding the Fourth of July celebration. ANNOUNCEMENTS - MAYOR V ALLES (4) Mayor Valles congratulated all of those who recently graduated from local elementary schools, high schools, colleges and universities and wished them success; announced that children of all ages could see Wild Things and Animals of Prey at the Howard M. Rowe Branch Library, 108 E. Marshall Blvd., on June 25, at 6 p.m. ANNOUNCEMENTS - CITY ATTORNEY PENMAN (4) City Attorney Penman stated that he attended the San Bernardino High School graduation and was impressed with the new and dynamic principal; and expressed condolences to the family of former Councilman Ed Wheeler, who passed away last week. ANNOUNCEMENTS - CITY CLERK CLARK (4) City Clerk Clark stated that anyone interested in participating in the Fourth of July Parade could call the Chamber of Commerce at 885-7515 or the Mayor's Office at 384- 5133; announced that the Triathlon sponsored by the San Bernardino Rotary Breakfast Club would be held at Cal State University; and extended congratulations to all graduating seIllors. WAIVE FULL READING OF RESOLUTIONS & ORDINANCES (5) Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council/Community Development Commission, be waived. COUNCIL MINUTES (6) Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino, be 7 06/18/2001 approved as submitted in typewritten form: March 19. 2001; April 2,2001; and April 16, 2001. CLAIMS AND PAYROLL (7) Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated June II, 2001 from Barbara Pachon, Director of Finance, be approved. PERSONNEL ACTIONS (8) Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the personnel actions as submitted by the Chief Examiner dated June 18, 2001, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. RES. 2001-153 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MA YOR TO EXECUTE A MASTER SERVICES MEMORANDUM OF UNDERSTANDING WITH THE WATER DEPARTMENT FOR PROVISION OF CITY SERVICES FOR FISCAL YEAR 2001/2002. (11) RES. 2001-154 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A MASTER SERVICES AGREEMENT BY AND BETWEEN THE INLAND V ALLEY DEVELOPMENT AGENCY AND THE CITY OF SAN BERNARDINO FOR PROVISION OF CITY SERVICES FOR FISCAL YEAR 2001/2002. (12) RES. 2001-155 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2001/2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 951, ZONE I AND ZONE 2, LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, W AGONWHEEL ROAD AREA. (13A) RES. 2001-156 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2001/2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 952, ZONE I, ZONE 2, ZONE 2A, AND ZONE 3, LANDSCAPING CONSTRUCTION AND MAINTENANCE DISTRICT, STATE UNIVERSITY AREA. (13B) 8 06/18/2001 RES. 2001-157 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2001/2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 953, LANDSCAPING MAINTENANCE DISTRICT, 16TH STREET AND MEDICAL CENTER DRIVE AREA. (13C) RES. 2001-158 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2001/2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 956, LANDSCAPING MAINTENANCE DISTRICT, CARNEGIE DRIVE AREA. (13D) RES. 2001-159 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2001/2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 959, ZONE I, LANDSCAPING MAINTENANCE, SHANDIN HILLS AREA. (13E) RES. 2001-160 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 200112002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 962, SEWER LIFT STATION MAINTENANCE DISTRICT, PINE AVENUE AREA. (13F) RES. 2001-161 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2001/2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 963, SEWER LIFT STATION MAINTENANCE DISTRICT, ALLEN STREET AREA. (13G) RES. 2001-162 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 200112002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 968, LANDSCAPING MAINTENANCE DISTRICT, AIRPORT DRIVE. (13H) RES. 2001-163 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2001/2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 974, LANDSCAPING MAINTENANCE DISTRICT, RIAL TO A VENUE AND EUCAL YPTUS AVENUE AREA. (13I) RES. 2001-164 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2001/2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 975, LANDSCAPING MAINTENANCE DISTRICT, PEPPER AVENUE AND MILL STREET AREA. (13J) 9 06/18/200 I RES. 2001-165 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2001/2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 976, LANDSCAPING MAINTENANCE DISTRICT, PINE A VENUE AND BELMONT A VENUE AREA. (13K) RES. 2001-166 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 200112002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 981, LANDSCAPING MAINTENANCE DISTRICT, MERIDIAN A VENUE AND RANDALL A VENUE AREA. (13L) RES. 2001-167 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2001/2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 982, LANDSCAPING MAINTENANCE DISTRICT, PIEDMONT DRIVE AREA. (13M) RES. 2001-168 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2001/2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 986, LANDSCAPING MAINTENANCE DISTRICT, RIAL TO AVENUE AND MACY STREET AREA. (13N) RES. 2001-169 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2001/2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 989, SEWER LIFT STATION AND LANDSCAPING MAINTENANCE DISTRICT, MILL STREET AND MACY STREET AREA. (130) RES. 2001-170 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2001/2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 991, LANDSCAPING MAINTENANCE DISTRICT, VERDEMONT DRIVE AND OLIVE AVENUE AREA. (13P) RES. 2001-171 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 200112002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 993, LANDSCAPING MAINTENANCE DISTRICT, CAJON BOULEVARD AND JUNE STREET AREA. (13Q) RES. 2001-172 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2001/2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 997, LANDSCAPING MAINTENANCE DISTRICT, CHESTNUT A VENUE AREA. (13R) 10 06/18/200 1 RES. 2001-173 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2001/2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1001, LANDSCAPING MAINTENANCE DISTRICT , PENNSYLVANIA A VENUE AND BIRCH STREET AREA. (13S) RES. 2001-174 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2001/2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1002, LANDSCAPING MAINTENANCE DISTRICT, "H" STREET AREA. (13T) RES. 2001-175 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2001/2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1004, INSTALLATION OF TRAFFIC SIGNALS, COMMERCENTER EAST AND HOSPITALITY LANE. (13U) RES. 2001-176 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 200112002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1005, LANDSCAPING MAINTENANCE DISTRICT, CAJON BOULEVARD AND PEPPER LINDEN AVENUE AREA. (13V) RES. 2001-177 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2001/2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1007, LANDSCAPING MAINTENANCE DISTRICT, PEPPER A VENUE AND RANDALL A VENUE AREA. (13W) RES. 2001-178 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2001/2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1012, LANDSCAPING MAINTENANCE DISTRICT, MILL STREET AND BURNEY STREET AREA. (13X) RES. 2001-179 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2001/2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1016, LANDSCAPING MAINTENANCE DISTRICT, COULSTON STREET AREA. (BY) RES. 2001-180 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2001/2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1017, LANDSCAPING MAINTENANCE DISTRICT, KENDALL AVENUE AND PINE AVENUE AREA. (13Z) 11 06/18/200 1 RES. 2001-181 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 200112002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1019, LANDSCAPING MAINTENANCE DISTRICT, NORTHPARK BOULEVARD AND MOUNTAIN DRIVE A~A. UMM RES. 2001-182 - RESOLUTION OF THE CITY OF SAN BERNARDINO MODIFYING THE ENGINEER'S REPORT AND CONFIRMING THE 2001/2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1020, LANDSCAPING MAINTENANCE DISTRICT, MILL AND DALLAS AREA. (13BB) RES. 2001-183 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2001/2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1023, LANDSCAPING MAINTENANCE DISTRICT, ELM AND COULSTON AREA. U3CC) RES. 2001-184 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2001/2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1024, LANDSCAPING MAINTENANCE AND SEWER LIFT STATION DISTRICT, INLAND CENTER AND RlVERW ALK AREA. (13DD) RES. 2001-185 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2001/2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1025, LANDSCAPING MAINTENANCE DISTRICT, PALM AND WASHINGTON AREA. (13EE) RES. 2001-186 - RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 200112002 ASSESSMENT ROLL FOR ACQUISITION AND IMPROVEMENTS FOR THE DOWNTOWN CENTRAL CITY PARKING DISTRICT NO. 947 (ROLL I ONLY). (14) Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution Nos. 2001-153 through 2001-186 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 12 06/18/200 1 APPROVE - CONTRACT CHANGE ORDER NO. ONE - ALL AMERICAN ASPHALT - $5,491.12 - PAVEMENT REHABILITATION - NORTH PARK BOULEVARD - UNIVERSITY PARKWAY TO LITTLE MOUNTAIN DRIVE - PLAN NO. 10075 (15) James Funk, Director of Development Services, submitted a staff report dated May 25, 2001, requesting authorization to execute Change Order No. One in the amount of $5,491.12 to contract with All American Asphalt for pavement rehabilitation on Northpark Boulevard from University Parkway to Little Mountain Drive, per Plan No. 10075. Council Member Anderson made a motion, seconded by Council Member Estrada, and unanimously carried, that the Mayor and Common Council approve Contract Change Order No. One in the amount of $5,491.12 to contract with All American Asphalt for pavement rehabilitation on Northpark Boulevard from University Parkway to Little Mountain Drive per Plan No. 10075. RES. 2001-187 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH ARCHITECT MILFORD WAYNE DONALDSON, FAIA, INC. FOR PREPARING FINAL PLANS, SPECIFICATIONS, AND ESTIMATE FOR RENOVATION AND RETROFIT OF THE SAN BERNARDINO SANTA FE DEPOT. (17) RES. 2001-188 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE CONTRACT NUMBER 01-082 WITH SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) FOR THE STATE STREET EXTENSION PROJECT. (18) RES. 2001-189 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH AEI CASC ENGINEERING FOR CIVIL ENGINEERING SERVICES FOR UNIVERSITY PARKWAY, NORTH PARK BOULEVARD TO KENDALL AVENUE; BASE LINE, STATE STREET TO MEDICAL CENTER DRIVE; INTERSECTION OF LITTLE MOUNTAIN DRIVE & 48TIl STREET; HIGHLAND AVENUE, WATERMAN AVENUE TO SIERRA WAY; WATERMAN AVENUE, 9TH STREET TO BASE LINE; AND FOXCROFT WAY, COMMERCIAL DRIVE TO HERITAGE LANE STREET IMPROVEMENTS. (20) 13 06/!8/200! RES. 2001-190 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR CIVIL ENGINEERING SERVICES FOR MT. VIEW AVENUE, MILL STREET TO CLUSTER STREET; PERSHING A VENUE, MILL STREET TO HILDA STREET AND CLUSTER STREET, ARROWHEAD TO SIERRA WAY STREET IMPROVEMENTS. (21) RES. 2001-191 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SUBMITTAL OF THREE (3) CONGESTION MITIGATION/AIR QUALITY (CMAQ) PROGRAM PROJECT PROPOSALS AND COMMITMENT OF $109,600 IN MATCHING FUNDS TO SAID PROJECT PROPOSALS. (22) RES. 2001-192 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE CITY OF INGLEWOOD RELATING TO THE PROCESSING OF PARKING CITATIONS, AND TERMINATING THE PREVIOUS AGREEMENT UNDER RESOLUTION 1999-249. (23) RES. 2001-193 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO FIRE DEPARTMENT TO RENEW THE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO TO PROVIDE FIRE PROTECTION AND PARAMEDIC SERVICES TO COUNTY UNINCORPORATED AREAS WITHIN THE CITY OF SAN BERNARDINO'S SPHERE OF INFLUENCE FROM JULY I, 2001 THROUGH JUNE 30, 2003. (24) RES. 2001-194 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE FINANCE DIRECTOR OR DESIGNEE TO ISSUE PURCHASE ORDERS TO ALLSTAR FIRE EQUIPMENT IN THE AMOUNT OF $36,052.92,1.. N. CURTIS & SONS IN THE AMOUNT OF $37,652.41, AND SOUTH COAST FIRE EQUIPMENT IN THE AMOUNT OF $33,080.97 FOR ANCILLARY FIRE EQUIPMENT. (25) Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolutions be adopted. 14 06/18/2001 Resolution Nos. 2001-187, 2001-188, 2001-189, 2001-190, 2001-191, 2001-192, 2001-193, and 2001-194 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2001-195 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO ENTER INTO A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT AND EAST VALLEY WATER DISTRICT TO PROVIDE EMERGENCY CONFINED SPACE RESCUE SERVICES TO THEIR FACILITIES AND PROPERTIES. (26) Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolution be adopted; and that the Finance Director be authorized to transfer $6,000 from Sewer Maintenance Fund (132-431-5112) to the Fire Department's FY 2001- 02 budget (001-202-5122); and increase revenue accounts 001-000-4673 and 001-000-4901 each by $6,000 for FY 2001-02 and increase Fire Department's appropriation by an additional $12,000 in Account No. 001-202-5122. The motion carried and Resolution No. 2001-195 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. RES. 2001-196 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE AMENDMENT NO. 3 TO THE AGREEMENT WITH SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, RELATING TO DELIVERY OF LUNCHES AND SNACKS TO DELMANN HEfGHTS HEADSTART CENTER. (27) RES. 2001-197 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT TO FURNISH FOOD SERVICE FOR THE SUMMER FOOD SERVICE PROGRAM. (28) RES. 2001-198 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY ADULT DAY CARE OF SAN BERNARDINO RELATING TO SENIOR NUTRITION PROGRAM MEALS. (29) 15 06/18/200 1 RES. 2001-199 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER TO DIRECT EDGE, INC. FOR ONE (I) DISK TYPE BRUSH CHIPPER WITH AUTOMATIC FEEDER TO BE UTILIZED BY THE PUBLIC SERVICES STREET TREE DIVISION. (31) RES. 2001-200 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF ANNUAL PURCHASE ORDERS, WITH TWO SINGLE YEAR RENEWAL OPTIONS, TO FLEET PRIDE AND MCCRAY ENTERPRISES FOR HEAVY DUTY VEHICLE BRAKE AND GEAR WORK, INCLUDING PURCHASE OF VARIOUS RELATED PARTS. (32) Council Member Anderson made a motion, seconded by Council Member Estrada, that said resolutions be adopted. Resolution Nos. 2001-196, 2001-197, 2001-198, 2001-199, and 2001-200 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. Agenda Items 9 and 10 were considered simultaneously. RES. 2001-201 - RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR SERVICES WITH THE CITY OF LOMA LINDA FOR ANIMAL SHELTER SERVICES. (9) RES. 2001-202 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF COLTON FOR ANIMAL SHELTER SERVICES. (10) Council Member Lien stated that the fact that the City's animal shelter was severely understaffed was something the Council would have to deal with at the budget hearings. Jon Cicirelli, Director of Animal Control, stated that their operating budget is about $1.2 million, $1 million of which was brought in through revenues and similar contracts. Mr. Cicirelli noted that these contracts are important in that they bring in revenue, but at the same time they put a strain on the department. Council Member Lien made a motion, seconded by Council Member McGinnis, that said resolutions be adopted. Resolution Nos. 2001-201 and 2001-202 were adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. 16 06/18/2001 RES. 2001-203 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT AND QUITCLAIM DEED RELATIVE TO THE SALE OF WATER DEPARTMENT PROPERTY LOCATED AT ORANGE SHOW ROAD AND WASHINGTON STREET. (16) Council Member Anderson asked what was the original price that was paid for each parcel. James Funk, Director of Development Services, stated that they paid approximately $50,800 for Parcel One; $50,500 for Parcel Two; $13~,600 for Parcel Three; and $27,000 for Parcel Four. Mr. Funk noted that Parcels One, Two, and Four are remnants and it is expected that the value is somewhat less than the value they were originally purchased for. Parcels One, Two, and Three were purchased in 1996, and Parcel Four was purchased in 1988 at the peak of the real estate market. Council Member Anderson stated that she felt Parcel Three was a valuable piece of land due to its location at the corner of Waterman Avenue and Orange Show Road, and asked if perhaps the City could get more money for it. Mr. Funk stated that Parcel Three is only 80 feet deep and would be hard to develop, but would probably increase in value if it were combined with the parcel to the south. Council Member Anderson made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No. 2001-203 was adopted by the following vote: Ayes: Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. None. Absent: None. Council Nays: RECESS MEETING At 10:38 a.m., Mayor Valles recessed the meeting to 2 p.m. III the Council Chambers of City Hall. RECONVENE MEETING At 2:09 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, McGinnis, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members Lien, Schnetz. 17 06/18/2001 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN AMENDMENT TO THE SERVICES AGREEMENT WITH TRANSTECH ENGINEERS, INC. FOR PROFESSIONAL PLANNING SERVICES FOR THE RENOVATION OF THE CITY'S HISTORIC DEPOT PROJECT AND OTHER PLANNING PROJECTS. (19) Fred Wilson, City Administrator, stated that the recommendation was that this item be tabled. Council Member McCammack made a motion, seconded by Council Member Suarez, and unanimously carried, that the matter be tabled. RES. 2001-204 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER TO BEJAC CORPORATION FOR THE FURNfSHING AND DELIVERY OF ONE (I) GEHL SKIP LOADER (STEER 5635 DXT) WITH TRAILER AND ATTACHMENTS. (30) Council Member McCammack stated that her questions regarding this matter had been answered. Council Member McCammack made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2001-204 was adopted by the following vote: Members Estrada, McGinnis, Suarez, Anderson, McCammack. Nays: Council Members Lien, Schnetz. Ayes: None. Council Absent: RES. 2001-205 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN ANNUAL PURCHASE ORDER, WITH TWO SINGLE YEAR RENEWAL OPTIONS, TO CHAPARRAL MOTORS PORTS FOR MOTORCYCLE PARTS AND SUPPLIES, TO BE UTILIZED BY THE FLEET DIVISION OF THE PUBLIC SERVICES DEPARTMENT. (33) Note: Council Member Schnetz pulled this item from the Consent Calendar in order to register an abstention; however, he was absent at the time it came up for discussion. Council Member Anderson made a motion, seconded by Council Member McGinnis, that said resolution be adopted. Resolution No. 2001-205 was adopted by the following vote: Members Estrada, McGinnis, Suarez, Anderson, McCammack. Nays: Council Members Lien, Schnetz. Ayes: None. Council Absent: 18 06/18/200 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 3.64.020 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO AREA TAX RATES. First (34) Fred Wilson, City Administrator, stated that this item addresses the issue of providing tax relief to businesses in the City by reducing the downtown area tax. Mr. Wilson provided background information on the Parking and Business Improvement Tax, which is the tax collected from all businesses in the downtown area between Second and Sixth Streets, and between 1-215 and Arrowhead Avenue. Mr. Wilson stated that this tax has been collected for at least 25 years to help fund downtown promotional events and related activities, but about 15 years ago there was a change in the formula and approximately 75 percent of the tax went to help offset downtown parking issues. Mr. Wilson stated that at their meeting of June 7, the Legislative Review Committee considered three options and recommended Option 1, to reduce the Area Tax rate to businesses by 50 percent this year, and by next year, to eliminate the remaining Area Tax entirely. COUNCIL MEMBERS LIEN & SCHNETZ ARRIVED At 2:14 p.m., Council Members Lien and Schnetz arrived at the Council meeting and took their places at the Council table. Council Member McCammack asked why Option 4, to remove the tax altogether, was not considered. Mr. Wilson stated that it was discussed, but it was not provided as an option. He indicated that the options given were based on dialogue between the Mayor and the Downtown Business Association and represented what people felt were the best options at the time. Mr. Wilson stated that it was an option that could be considered, but noted that the Downtown Business Association also reviewed the matter and recommended retaining the tax to allow the downtown business people to have more control over how the dollars are spent. Council Member McCammack stated that she is worried about the businesses that are leaving the downtown area and San Bernardino. She indicated that she supported eliminating the tax at a cost of $55,000 to the City. Council Member McGinnis stated that he agreed with the two-year phase out of Option I. Council Member Suarez stated that he would rather eliminate the tax all at one time rather than phasing it out. Council Member Estrada asked if there was any debt being paid on the parking lots. 19 06/18/2001 Mr. Wilson stated that the three downtown parking lots were issued with bonds, and indicated that next year was the last year the City would have to make a bond payment. Council Member Estrada asked what it cost to maintain the parking lots. Mr. Wilson stated that a budget was established for the maintenance, operation and security of those lots. Council Member Estrada stated that her concern was that the burden of the upkeep of maintaining the parking lots would fall on the City with no revenue to assist with that cost. She wanted to make sure those issues are resolved prior to taking any action and that there is a clear understanding as to whose responsibility it will be to maintain the lots. Mr. Wilson stated that there are two different downtown districts: the parking and business improvement district, which the area tax funds, and a parking assessment district, which funds the three parking lots. He noted that maintenance and security costs are currently absorbed by the General Fund, and have been since Proposition 218 passed. Mr. Wilson stated that the only thing the City assesses onto the parking district is the bonds, which will be paid off after next year and no additional costs or assessments will be placed on the downtown bnsinesses. He indicated that the area tax primarily funds cleanup, custodial services, curbs, gutters, sidewalks, holiday decorations, etc., and any remaining money is transferred to the parking district to reduce the parking assessment. Council Member Lien stated that her strong belief in eliminating the downtown tax has been that for a long time the City has been becoming more of a governmental center with little growth and more of an exodus of professional retail and commercial businesses, and if ever a place needed less taxation it is the downtown area. Council Member Lien made a motion, seconded by Council Member Estrada, that said ordinance be laid over for final adoption. (Note: The vote was taken following further discussion. ) Council Member McCammack stated that while only putting a burden of $55,000 on the General Fund this year might make conservative sense, it did not make business-friendly sense. She noted that not only did businesses have the area tax, but this year they would also be hit with huge utility bills, and it was her feeling that the tax should be eliminated. Council Member McGinnis stated that he felt the Area Tax should be eliminated incrementally. Council Member Schnetz indicated that he would be abstaining on this matter since he pays the Area Tax. 20 06/18/2001 At this time, the motion made by Council Member Lien, seconded by Council Member Estrada, that said ordinance be laid over for final adoption, carried by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Abstentions: Council Member Schnetz. RES. 2001-206 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE A CABLE NETWORK PROGRAM PRODUCTION AND TRANSMISSION AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE FOUNDATION OF CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO. (Continued from June 4,2001) (36) Cindy Pringle, representative from California State University, San Bernardino, stated that this action would finalize the working agreement with Channel 3 and because of the advent of the cable television network and its expansion of regional programming, they would be pooling forces with staff at Channel 3 to create a state-of-the-art television network. Frank Keller, Cable Television Manager, stated that the City will utilize facilities, equipment, and staff to produce programming for the cable television network without displacing current programming. He stated that the City is establishing an intern program with the University that will allow the availability of more production staff to maintain local and network production schedules. Council Member Lien asked Mr. Keller to explain why the City could not be remunerated for overhead expenses in some way. Mr. Keller stated that Cal State is supplying much more in capital equipment monies to the City than it could ever generate itself. He indicated that the City presented the University with a $1.8 million budget for equipment and that everything in the facility will be replaced to near digital state of the art, which will also improve local programming and will allow the City to provide more quality to its clients and maintain that income. Council Member Suarez made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2001-206 was adopted by the following vote: Ayes: Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. None. Absent: None. Council Nays: 21 06/18/200 1 RES. 2001-207 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING SUBMITTAL OF THE 2001/2002 CALIFORNIA HEAL THY CITIES AND COMMUNITIES RENEWAL APPLICATION REQUESTING GRANT FUNDS FOR A STUDENT BLIGHT EDUCATION PROGRAM. (Continued from June 4,2001) (37) Council Member McCammack made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. 2001-207 was adopted by the following vote: Ayes: Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. None. Absent: None. Council Nays: RES. 2001-208 - RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SERVICE AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR ENGINEERING PLAN CHECKING SERVICES FOR VARIOUS LAND DEVELOPMENT PROJECTS. (38) James Funk, Director of Development Services, reviewed highlights of the staff report with the Council, stating that he currently has 15 vacancies, which necessitates the use of contractual services until those positions are filled. Mr. Funk noted that the issue was one of quality and timeliness of service, and indicated that he is proposing some reorganization changes that should help out as well. James Penman, City Attorney, stated that it was recommended that his office not sign off on this item because there have been several of these contracts that have left positions vacant in the Development Services Department. Mr. Penman advised that under the Charter, positions were supposed to go through Civil Service and be filled and stated that this was a way around the Civil Service system. He noted that several years ago, the Public Employees Retirement System threatened to remove the City from the PERS program for using contract employees rather than filling the positions through the Civil Service system. Mr. Penman stated that it was his understanding that this particular project was an important one and his office did not want to hold it up. Council Member Suarez stated that there are a lot of contractors who want jobs, but since the City did not have the personnel, he did not see any other option except what was being recommended. Council Member Suarez made a motion, seconded by Council Member Schnetz, that the Director of Finance be authorized to amend the FY 2000-2001 Development Services Department adopted budget and transfer savings from salary accounts to contractual services accounts as outlined in the staff report; and that said resolution be adopted. 22 06/18/2001 The motion carried and Resolution No. 2001-208 was adopted by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None. CITY ATTORNEY PENMAN EXCUSED At 2:47 p.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Carlyle. CITY ADMINISTRATOR WILSON EXCUSED At 2:47 p.m., City Administrator Wilson left the Council meeting. ECONOMIC DEVELOPMENT AGENCY EXECUTIVE DIRECTOR VAN OSDEL & SPECIAL COUNSEL SABO ARRIVED At 2:47 p.m., Economic Development Agency Executive Director Van Osdel and Special Counsel Sabo arrived at the Council meeting. COMMUNITY DEVELOPMENT COMMISSION/SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO PARK ACQUISITION JOINT POWERS FINANCING AUTHORITY/SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY - JOINT REGULAR MEETING At 2:47 p.m., Chairwoman Valles called to order the joint regular meeting of the Community Development Commission/San Bernardino Joint Powers Financing Authority/San Bernardino Associated Communities Financing Authority and Mayor and Common Council. APPROVE AMENDMENTS TO STATE OFFICE AGREEMENTS (PHASE II) BUILDING (R41) Gary Van Osdel, Ecouomic Development Agency Executive Director, submitted a staff report dated May 7, 2001, regarding the Amendments to State Office Building Agreements (Phase ll). Mr. Van Osdel reviewed highlights of the staff report with the Council. Council Member McCammack made a motion, seconded by Council Member Anderson, that the Community Development Commission approve/ratify execution of the Letter Agreement by the Chairperson on behalf of the Agency to amend the 1996 Construction Management Agreement as between the Department of General Services and the Agency regarding construction of the Phase II State Office Building. The motion carried by the following vote: Ayes: Council Members Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Abstentions: Council Member Schnetz. Absent: None. 23 06/18/2001 RES. CDC/2001-22 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR REAL EST A TE ACQUISITION SERVICES BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND CUTLER & ASSOCIATES, INC. (HUB Project) (R42) Council Member Suarez made a motion, seconded by Council Member Anderson, that said resolution be adopted. Resolution No. CDC1200l-22 was adopted by the following vote: Ayes: Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. None. Absent: None. Council Nays: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING PREPAYMENT UNDER THE FOURTH AMENDMENT TO MUTUAL RELEASE AND SETTLEMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DR. IRVING FELDKAMP, APPROVING A STAY OF THE FOURTH AMENDMENT IN THE EVENT OF FORECLOSURE BY UPLAND BANK AND EXTENDING THE RECORDING DATE FOR TRACT MAP NO. 14193. (81) Fred Wilson, City Administrator, requested that the matter be continued to the budget workshop on June 21,2001. Council Member McCammack asked if the Council would be receiving additional backup material on this item. James Penman, City Attorney, stated that the agreement was still in draft form. Council Member Suarez asked if there was any way the risk to the City could be minimized. Mr. Penman stated that his office was concerned that there is no real guarantee or plan to get the $200,000 that was owed to the City, there is no discretion with the way the agreement is worded that the Mayor would have to sign off on it no matter what it said, and they were concerned that the Council would never see the final document. Council Member Anderson made a motion, seconded by Council Member Suarez, and unanimously carried, that the matter be continued to Thursday, June 21, 2001, at 2 p.m. 24 06/18/2001 PUBLIC COMMENTS (43) Teresa Lopez, 683 N. Ramona Avenue, San Bernardino, CA, stated that on Friday, June 15, the Wests ide Residents for Cleaner Air Now, attended an Air Quality Management District (AQMD) meeting in Diamond Bar, where they spoke regarding the problems with Omnitrans and methyl mercaptan. AQMD told the residents that they could not make Omnitrans move the fueling station, but they could enforce the air quality in the neighborhood. Ms. Lopez stated that in the month of June they had seven leaks and AQMD received 48 calls from the residents. AQMD told the residents that the system used by Omnitrans is outdated and William Burke, Chairman of the AQMD Governing Board, advised that if the problem continued, they would try to pass a bill to keep CNG and LNG facilities out of residential neighborhoods and if Omnitrans did not comply, they could lose their grant from AQMD. Ms. Lopez stated that AQMD planned to monitor the air in the area, test the residents with the mobile lung unit, and record the data. Ms. Lopez noted that Penny Newman, Center for Community Action and Environmental Justice in Riverside, recommended that the Board think twice about locating CNG and LNG in close proximity to schools. Marilyn Alcantar, 1495 Kingman Street, San Bernardino, CA, requested that the Omnitrans fueling station be relocated. Consuelo Lopez, 580 Cabrera, San Bernardino, CA, displayed a sign regarding the Omnitrans issue. RECESS MEETING At 3:05 p.m., Chairwoman Valles declared a ten-minute recess. RECONVENE MEETING At 3: 16 p.m., Mayor Valles reconvened the jOlIlt regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; Deputy City Attorney Empefio, City Clerk Clark, City Administrator Wilson. Absent: None. 25 06/18/2001 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A DEVELOPMENT FEE DEFERRAL AGREEMENT BY AND AMONG THE CITY OF SAN BERNARDINO, THE SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY AND THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT AND RESCINDING MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RESOLUTION NO. 2001-151 APPROVING A DEVELOPMENT FEE DEFERRAL AGREEMENT WITH THE SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY. (39) Pat Milligan, Chairman of the Board of the Municipal Water District, stated that he was pleased to report that the district came up with a concept to build a water facility within the City of San Bernardino that would fit into the master plan, and would form a partnership with the City to construct a reservoir and perhaps a riverwalk similar to the one in San Antonio. Mr. Milligan stated that the district decided to finance the start of the Lakes and Streams project in San Bernardino, which meant they hired lawyers to draw up a joint powers agreement, hired consultants, and formed the Joint Powers Authority (JPA). He indicated that he knew the City would not be able to support a joint powers agreement dollar for dollar with the water district that represented the communities of Redlands, Highland, Colton, and Rialto. Mr. Milligan stated that their intention was to loan approximately $2 million to the JPA to go forward on the project, and if it fell through, they would not ask the City to repay them anything. If it did work out, they would ask to be repaid not by the City of San Bernardino, but out of funds that will be acquired by the JPA. Mr. Milligan stated that the Board Members are now asking that the City waive the development fees of $100,000 and not charge any interest. Mr. Milligan noted that if either the City or the water district wants to dissolve the partnership and the JPA should break up, the district expects to pay all fees. Mr. Milligan stated that his board is ready to loan the $1 million that will be required to let the JPA move forward and hire the consultants, subject to the agreement. Council Member Lien made a motion, seconded by Council Member Schnetz, that said resolution be adopted. (No vote was taken at this lime.) Council Member Estrada stated that she understood the Council would have the opportunity for further discussion on this issue. Fred Wilson, City Administrator, stated that there had been discussion and the decision was that staff should explore the merits of all the issues before making a final decis ion. James Penman, City Attorney, stated that it was his understanding that the Mayor and Council wanted to hold a joint meeting with the water board before making a final decision on this item. 26 06/18/2001 Mayor Valles stated that in order to keep members of the Council fully informed of all the implications, it was incumbent that all the governing bodies, which included members of the Council, members of the IPA, and the Municipal Water Board, hold a workshop to discuss the matter further. Council Member McCammack stated that one of the questions the Council had is what kind of revenues would the City be gaining and/or losing. Council Member McCammack made a substitute motion to continue the item to a time specific when they could have that discussion. Council Member Schnetz stated that he was concerned about time running out with regard to the first 45 days that the consultants have been working. He indicated that he felt the Council would agree that if the project goes forward the City would waive the development fees, but he wanted to meet as soon as possible to get answers to the questions such as what revenues would the City give up or obtain from its share of the profits of the IPA, if any, once all the loans are repaid. Mr. Schnetz stated that it was his understanding that by keeping the IPA together, the City would still have its contractual veto on the IPA. Mr. Milligan stated that if the City agreed to waive the fee, it would have an absolute right to veto any action, so nothing could go forward without the assent of the City of San Bernardino. He stated that if the agreement was approved now he could get $1 million from the water board for the IPA so the project wouldn't die from lack of funds. He guaranteed that he would arrange a joint meeting between the two boards within 15 days in order to discuss the issues. Mayor Valles stated that she felt a meeting was in order because there were many unanswered questions-the fundamental question being, what does each side want from this project. Mr. Penman stated that it would be harder for the Mayor to veto an action of the IPA if the $1 million loan has already been made and the consultant hired. Mr. Penman suggested having the meeting first and then voting on the item. Council Member Schnetz stated that it was his understanding that the consultant had already been hired by the IPA. Mr. Milligan stated that the consultant was interviewed and made a proposal that was unanimously accepted by the IPA; however, the JPA had no money and the water board agreed to loan the money to the IPA so the consultant could be hired. Mr. Milligan urged the City not to hold up the process. Council Member McGinnis asked if a one-week delay would be detrimental to the project. Mr. Milligan stated that he had told Mr. Kersey to let the City's consultant go to work and he would pay him on a quantum meruit basis, or for the work he does. 27 06/18/2001 Council Member Estrada stated that the Council would need to be kept more thoroughly informed on a regular basis and agreed with Mr. Milligan that this was an important project. Ms. Estrada stated that approval of the project could have a very positive impact on the community and the whole area. She noted that the Council really needed to have an opportunity to be thoroughly advised on this matter, and she did not want to make a billion dollar mistake because they didn't take an extra week to think this through. Ms. Estrada stated that members of the JPA should then have very clear, succinct direction when they have the meeting with the Municipal Water Board. Council Member Suarez stated that it stood to reason that if the City was going to be an equal partner, they should have equal knowledge of what is going on. Council Member Lien withdrew her original motion and made a substitute motion, seconded by Council Member Schnetz, and unanimously carried, that the matter be continued to Monday, June 25, 2001, at 10 a.m., in the Economic Development Agency Boardroom, for a joint meeting between the San Bernardino Valley Municipal Water District and the Mayor and Common Council. PUBLIC COMMENTS (43) Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that the nuclear waste issue at the former Norton Air Force Base puts not only the City at risk, but also puts the citizens at risk, and the only legitimate solution is to investigate to find out just how dangerous the water supply and the soil are in that area. He asked that the City show its support and work toward cleaning it up. RECESS MEETING At 3:54 p.m., the meeting recessed to the Economic Development Agency Boardroom. RECONVENE MEETING At 4: 13 p.m., Mayor Valles reconvened the joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino. ROLL CALL Roll call was taken by City Clerk Clark with the following being present: Mayor Valles; Council Members Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. 28 06/18/200 1 LUNCHEON WORKSHOP - ECONOMIC DEVELOPMENT AGENCY BOARDROOM - DISCUSS & TAKE POSSIBLE ACTION - CHARTER AMENDMENTS (Continued from May 21, 2001) (40) James Penman, City Attorney, stated that his office came up with a Charter amendment that he felt was somewhat noncontroversial. Mr. Penman proposed that Section 225 of the Charter of the City of San Bernardino be amended by adding an additional sentence at the end so that the entire Section would read as follows: Section 225. Restrictions on Officers. No person holding a salaried office of this City, whether by election or appointment, shall hold any other office of honor, trust or emolument under the government of the United States, or of this State, except the office of Notary Public, Court Commissioner, or an office in the National Guard, and any person holding any salaried office of this City, who, during his term of such office, shall accept or hold any other office as aforesaid, except that of Notary Public, Court Commissioner, or in the National Guard, shall be deemed thereby to have vacated the office held by him under this City Government, and the same shall immediately become vacant. Nothing herein shall be deemed to prohibit any person holding any salaried office of this City from accepting an appointment to and serving on any Federal or State Commission or Committee providing such appointment and service is not full- time. Mayor Valles stated that her idea was to appoint an ad hoc committee of the Council to work with the City Attorney on any future Charter revisions, because it was agreed that there are some items in the Charter that need to be addressed and should be revised. The Mayor indicated that she had to leave and asked Mayor Pro Tern Anderson to chair the meeting. Council Member Lien asked who could trigger a proposal on a Charter change. Mayor Valles advised the Council that any recommendations they felt needed to be addressed should be discussed, because it was the Council that would decide what would ultimately go to the voters. She indicated that anyone could bring up a matter for consideration by the Council. Council Member McGinnis stated that he felt only elected officials should be able to bring matters to the committee for discussion. Mayor Valles stated that recommendations were usually brought to the Council by their constituents. She stated that she understood the point Mr. McGinnis was making was so that a systematic process could be developed, and she indicated that the Council could address it and make a policy decision. 29 06/18/2001 Rachel Clark, City Clerk, reminded the Council that if they wanted to place something on the November ballot, they had exactly 39 working days to adopt everything and get it to the County. Mayor Valles stated that the Council must make the following decisions: 1) do they want to place anything on the November ballot; and 2) how exhaustive do they want it to be or do they want it to be as noncontroversial as poss ible for issues that really need to be addressed. Mayor Valles stated that she still had concerns with the Civil Service process, but noted that perhaps that could be handled internally. Council Member McGinnis suggested that they limit discussion to only two items per session. Mayor Valles cautioned that whatever the Council decides to do, they must all be willing participants in the education process as they go out into the community so that everyone understands what it is they are doing. MA YOR VALLES EXCUSED At 4:22 p. m., Mayor Valles left the Council meeting and the duties of Mayor Pro Tem were assumed by Council Member Anderson. Council Member McGinnis asked how many federal and state committees/commissions could a person serve on at one time. City Attorney Penman stated that the committees were highly coveted and were hard to get on so he didn't feel there was a great danger of any elected or appointed official of the City being asked to serve on very many. He couldn't see Council members or department heads being asked to serve on more than one. Council Member McGinnis asked commissions/committees were paid positions. if any of these federal/state City Attorney Penman stated that he did not know; however, he noted that the appointment of service could not be full time, which made it less likely. He stated that many commissions provide a stipend or per diem for travel, but most did not pay a salary. Council Member Suarez asked who made the determination as to what constitutes a state or federal committee/commission and questioned whether there were any guidelines. City Attorney Penman stated that if the Charter amendment is approved, the Council could work up guidelines either through an ordinance or a resolution. He said that generally, appointments are made either by a state constitutional officer or one of the legislative bodies or they are made by the President of the United States or a congressional appointment of some type. He noted that appointments to positions on political parties, either national or state, are not prohibited by the Charter, that the Charter only prohibits federal and state governmental appointments. 30 06/18/2001 Council Member Schnetz asked if county commissions were considered a subdivision of the state. City Attorney Penman stated that the Charter was clear in its reference to holding office under the government of the United States or of this State, meaning the government of this State, and while they are all political subdivisions, this section of the Charter has been interpreted consistently by a number of City Attorneys to mean only the State of California versus county, and non-State regional boards such as SANBAG, IVDA, SBIAA, etc., were not covered by the Charter prohibition. Council Member Estrada stated that there were many issues that needed to be addressed and indicated that the Council needs to come to some concurrence of what those issues are, and the method by which the committee would be arrived at. City Attorney Penman stated that there were three ways to get something on the ballot for Charter amendment: The first way was for Ihe Council to put it on; the second is for an elected Charter commission to put it on; and the third is by petition of the voters. Council Member Estrada stated that it was not so much the way as it was the committee itself-the process of how they would arrive at a committee. And before they get to that process, they need to be able to identify the issues they feel were left unanswered and need to be addressed. Ms. Estrada stated that if she had to vote today to appoint the Council as the committee that would decide what issues were going to be on the ballot, she would vote against it. Mayor Pro Tern Anderson stated that whatever the committee decides, the Council would make the final decision. Council Member Lien stated that elected commissions have the power to put things on the ballot. She stated that it was not something that would happen in the next 39 days. She inquired as to whether the Council wanted to take action on Mr. Penman's proposal, what should the next step be, and did any member of the Council want to propose anything else within the 39 day window. Council Member McGinnis suggested that the Council should take action on the items before them, and then should discuss how to develop a committee. City Attorney Penman stated that given what's happened in the past, he would put together a citizen's committee to run as a slate, and he would be surprised if any supporter of the Mayor did not do the same. Council Member McGinnis made a motion, seconded by Council Member Suarez, and unanimously carried, that the City Attorney's recommendation for a proposed amendment to the Charter relating to Restrictions on Officers (Section 225), be accepted; that the City Attorney's Office prepare the documents necessary to place the matter on the ballot for the November 6, 2001 Election; and that the matter be continued to July 9, 2001. 31 06/18/2001 Council Member Schnetz stated that he was contemplating the idea of a Charter amendment regarding salaries for the Mayor and Council. He stated that a few years back a committee suggested indexing the Mayor's salary so it automatically increased with inflation rates at approximately 60 to 70 percent of a judge's salary. Mr. Schnetz suggested that the Council use the same index. Mayor Pro Tem Anderson stated that this item was not recommended by the Mayor, but that she and Council Member Schnetz decided to bring it forward. She referenced the Salary Survey prepared by the City Clerk's Office dated June 15, 2001. Council Member McGinnis asked if the Mayor's salary was included in the Charter. City Attorney Penman stated that the Mayor's salary was set at $32,000 by Charter in 1972 or 1973. He noted that the Council could change the Mayor's salary, but it would have to be put to a vote by the people before it could be active. He stated that in the mid to late 90's, Senior Assistant City Attorney Barlow took the cost of living increase per year for the Mayor's salary and applied it to the $32,500, and if that salary had been updated each year based on the cost of living, it would now be $96,000 or $98,000. Council Member McGinnis asked if the reference to salaries could be eliminated from the Charter. City Attorney stated that that could be done by Charter amendment or the Mayor and Council could pass an ordinance. Council Member Schnetz stated that for the City of San Bernardino, if you apply 70 percent of a trial judge's salary, the Mayor's salary would be somewhere in the neighborhood of $85,000 per year, and felt the Council's salary should be around $20,000 to $25,000 per year. Mr. Schnetz stated that the trial court's index would be around for a long time because there would always be judges. On the other hand, if the Council adopted an elected Charter committee process, then he would prefer that this go to the Charter committee. Council Member Estrada suggested that the Council consider taking a random survey /poll that would indicate the concerns of the citizens, and then that information could be passed on to the committee. Mayor Pro Tem Anderson stated that the citizens have already indicated that they did not want to go through another Charter hassle. She indicated that the Council members knew which issues really needed to be addressed and she felt the Mayor's salary was one of them. Council Member McGinnis stated that until the issues were placed right in front of them, most citizens had no idea what was included in the Charter. 32 06/18/2001 Council Member Schnetz stated that he was concerned about putting a salary Issue on the ballot at the same time as an election. Council Member McCammack stated that the Council needed to be confident that whatever amendment is placed on the ballot will pass. She noted that if the Council wanted to approach the salary issue, they could stipulate that it would become effective with the change of office. Council Member Lien felt that the salary issue was much too complex to think about for this election. Council Member Estrada stated that the issues should be prioritized in the order of their importance. Mayor Pro Tem Anderson stated that the Mayor's salary was one of the things that needed to be dealt with. Discussion followed and it was the consensus of the Council that the Mayor's salary should be kept separate from the Council's salary. Council Member Estrada made a motion, seconded by Council Member Suarez, that the Mayor's salary be set at $85,000 per year. Council Member McCammack disagreed, stating that they were again setting the Mayor's salary at a specific number, with 110 criteria as to how it would change in the future. Council Member Suarez suggested including that language 111 the Charter amendment. Council Member McGinnis felt that the amount should be deleted, and the Charter amendment should simply state that the Mayor's salary will be 70 percent of a trial judge's salary as of 01101/01. Council Member Estrada made a substitute motion, seconded by Council Member Suarez, that the City Attorney's Office prepare the necessary documents related to placing a Charter amendment on the November 6, 2001 ballot setting the Mayor's salary at 70 percent of a trial judge's salary as of 01101/01. Discussion ensued as to when the salary change would become effective and it was the consensus of the Council that the change would become effective at the beginning of the Mayor's next term. 33 06118/2001 Council Member Estrada amended her substitute motion, seconded by Council Member Suarez, and unanimously carried, that the City Attorney's Office prepare the necessary documents related to placing a Charter amendment on the November 6, 2001 ballot setting the Mayor's salary at 70 percent of a trial judge's salary as of 01/01/01, to become effective at the beginning of the next term; and that the matter be continued to July 9, 2001. ADJOURNMENT (44) At 5:19 p.m., the meeting adjourned to 2 p.m., Thursday, June 21,2001, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, California, for budget deliberations and for consideration of Agenda Item Nos. 1, 39, and S I in closed session. RACHEL G. CLARK City Clerk BY~~ Lmda Suther land Deputy City Clerk No. of Items: 45 No. of Hours: 5 34 06/18/2001